PRIA, Government Policy, Made Personal

Summary

The Secretary may get land or land rights to safely collect and permanently store leftover radioactive material removed from processing sites. The Secretary can buy land, accept donations, or use any other legal way to get it. The Secretary of the Interior may permanently transfer Bureau of Land Management public lands nearby certain processing sites to the Secretary for this purpose in these counties: Apache County, Arizona; Mesa, Gunnison, Moffat, Montrose, Garfield, and San Miguel Counties, Colorado; Boise County, Idaho; Billings and Bowman Counties, North Dakota; Grand and San Juan Counties, Utah; Converse and Fremont Counties, Wyoming; and any other nearby county if no suitable site exists in the county with a processing site. No land transfer can happen until the Secretary follows the National Environmental Policy Act (NEPA) when picking a permanent site. Section 1714 of title 43 does not apply to these transfers. Before getting land under these rules in any State, the Secretary must consult with that State’s Governor. The Secretary cannot acquire land in a State that has no designated processing site and no active uranium mill unless the Governor agrees. Land run by another federal agency may not be transferred without that agency’s chief administrative officer agreeing.

Title 42, §7916

The Public Health and Welfare, Source: USLM XML via OLRC

Where necessary or appropriate in order to consolidate in a safe and environmentally sound manner the location of residual radioactive materials which are removed from processing sites under cooperative agreements under this subchapter, or where otherwise necessary for the permanent disposition and stabilization of such materials in such manner—

(1)the Secretary may acquire land and interests in land for such purposes by purchase, donation, or under any other authority of law or

(2)the Secretary of the Interior may transfer permanently to the Secretary to carry out the purposes of this chapter, public lands under the jurisdiction of the Bureau of Land Management in the vicinity of processing sites in the following counties:

(A)Apache County in the State of Arizona;

(B)Mesa, Gunnison, Moffat, Montrose, Garfield, and San Miguel Counties in the State of Colorado;

(C)Boise County in the State of Idaho;

(D)Billings and Bowman Counties in the State of North Dakota;

(E)Grand and San Juan Counties in the State of Utah;

(F)Converse and Fremont Counties in the State of Wyoming; and

(G)Any other county in the vicinity of a processing site, if no site in the county in which a processing site is located is suitable.

Any permanent transfer of lands under the jurisdiction of the Bureau of Land Management by the Secretary of the Interior to the Secretary shall not take place until the Secretary complies with the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.) with respect to the selection of a site for the permanent disposition and stabilization of residual radioactive materials. Section 1714 of title 43 shall not apply to this transfer of jurisdiction. Prior to acquisition of land under paragraph (1) or (2) of this subsection in any State, the Secretary shall consult with the Governor of such State. No lands may be acquired under such paragraph (1) or (2) in any State in which there is no (1) processing site designated under this subchapter or (2) active uranium mill operation, unless the Secretary has obtained the consent of the Governor of such State. No lands controlled by any Federal agency may be transferred to the Secretary to carry out the purposes of this chapter without the concurrence of the chief administrative officer of such agency.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see

Short Title

note set out under section 7901 of this title and Tables. The National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables.

Amendments

1988—Par. (2). Pub. L. 100–616 added par. (2) and concluding provisions and struck out former par. (2) and concluding provisions which read as follows: “(2) the Secretary of the Interior may make available public lands administered by him for such purposes in accordance with other applicable provisions of law. Prior to acquisition of land under paragraph (1) or (2) of this subsection in any State, the Secretary shall consult with the Governor of such State. No lands may be acquired under such paragraph (1) or (2) in any State in which there is no (1) processing site designated under this subchapter or (2) active uranium mill operation, unless the Secretary has obtained the consent of the Governor of such State. No lands controlled by any Federal agency may be transferred to the Secretary to carry out the purposes of this chapter without the concurrence of the chief administrative officer of such agency.”

§7916 Acquisition of Land by Secretary; Transfer of Public Lands by Secretary of the Interior to Secretary; Consultations with Governor; Consent of Governor; Transfer From Federal Agency to Secretary

Summary

Title 42, §7916

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Citations & Metadata